Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-09
THE N1coLAUs CASE.

history or disappear from our literature.
THE NICoLAUs CASE.
The decision of the Supreme Court of
the United States in the Nicolaus cases
will tend to give comfort to those who in
cite to violence against the Chinese. \
band Of men by threat and menace COM
PEELED the Chinese to vacate the village of
Nicolaus. Some of these were arrested
and charged with conspiracy to deprive
the aliens of the equal protection of the
laws. On refusal of the Court below to
discharge the prisoners upon habeas cor
pus, the case went to the Supreme Court
That tribunal now holds that the con-
spiracy charged was not violation of any
statute OF the United States, nor was it
within the treaty with China, assuring her
people resident in the United States Sc
curity in their persons and property. The
statute invoked against the defendants
provides for punishment for conspiracy by
force to prevent, hinder or delay the exc
cution of any Federal law. This. says
the Court, was not the case at
Nicolaus, for no resistance to the
execution of Federal law was attempted.
The Court holds that while Congress has
power to provide for the punishment of
those who deprive Chinese of any rights
guaranteed to them by the treaty, yet it
has not done So There is statute pro-
viding for the punishment of those who
conspire to deprive any person of the
equal protection of the laws, but that
statute was many years ago held unconsti-
tutional where the States have provided
for the punishment of such conspirators
1t was claimed in the present case that it
would still cover cases where the persons
conspired against were aliens entitled to
protection under a treaty. But the Court
holds that the statute is not capable of
such treatment as to separate that which
is constitutional from that which is not
Another section of the Federal statutes
provides for punishment of those who in
fringe the rights Of citizens" and this ex-
cludes its application to the cases of aliens.
There are two dissenting opinions by JUS
tees Field and Harlan. OF that of the
former only do the dispatches give US in
formation. Justice Field is said to hold
that as the treaty guarantees to Chinese
in the United States the immunities
enjoyed by subjects or citizens of the
most favored nation, the expulsion at
Nicolaus was foreible deprivation of rights
secured by the treaty, and therefore pre-
ventation by force of the execution of a
law of the United States. The reason and
humanity of the case would seem to be
with the view of Justice Field. There
was an invasion of the law and its protec-
tive operation was prevented when the
Chinese were expelled, and this, in broad
view of the question, may be said to be the
prevention of the execution of the law
that is to say. the protection the law affords
is not alone that visible, tangible thing
which the warrant and presence of an Off
Ger or soldier of the Government, or any
number of them gives 1t is supposed to
extend its protecting wings without the
manifestations Of official power. That
force seldom enters into the question until
after the attempted invasion of right
When the Chinese were expelled, clearly
the law that is supposed to protect them
was made by the act of expulsion non eff
fective, it no longer had sufficient power
in itself to guarantee them quietude in
their chosen residence, 50 there is force in
the reasoning Of Justice Field that the ex-
pulsion amounted to the forcible proven
ton of the execution of a law. But the
Supreme Court has held otherwise and
given the strict and technical interpreta-
ton of the statute, and its opinion thus
becomes the rule of action. 1t is perhaps
best that it is so, for it will lead States and
Congress to the supplying of the need
for severe laws, wherever that need
exists, 10 protect all aliens in all rights
guaranteed to them. For this is not
question related to the Chinese alone; it
involves all aliens, and these cannot but
feel less secure after this decioion, inStates
where the local law is inadequate to pro-
tect them from outrages similar to
that perpetrated at Nicolaus. Aside
from this, the utter folly of that phase of
the boycott hasbeen proven by the outcome
of the Nicolaus and similar cases. All
such prosecutions and attempts to expel
the Chinese without warrant Of law, have
but retarded the Anti-Chinese cause and
crippled Us at the East. While this jour
nal has stood the firm friend of that cause
and did all it could to rid the State of the
dangers following in the wake of Chinese
immigration, it has the satisfaction of
knowing that it has never countenanced or
approved any methods such as those en-
ployed at Nicolaus.
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